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Home My WebLink AboutO-1189-7-93ORDINANCE NO. 1189-7-93 AN ORDINANCE OF THE CITY OF ALLEN, COUJN COUNTY, TEXAS, ESTABLISHING A PRO RATA CHARGE AS A PREREQUISITE TO UTH RING THE CAPACTTY OF A WATER AND SANITARY SEWER LINE LOCATED IN BUCKINGHAM POLO ESTATES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY, AND PROVIDING FOR AN CTIVE DATE OF 11■1 • C 0 1�: �� WHEREAS, the City of Allen, hereinafter called "City", is a Home Rule City with Charter approved by the voters of the City pursuant to Article II, Section 5 of the Texas Constitution; and, WHII AS, the City has all of the powers of local self-government contained in its Charter and in the applicable state statutes; and, WHEREAS, the City has the power and authority to provide a water and sanitary sewer system and require property owners to pay reasonable charges for utilizing the capacity of said water and sanitary sewer system; and, WHEREAS, the City has the power and authority to enter into contracts relating to the construction of a sanitary sewer system and to effectuate reasonable charges; and, WHEREAS, at the request of the majority of property owners of Buckingham Polo Estates, the City has agreed to, and completed, construction of water and sanitary sewer lines and a lift station, hereinafter collectively called the "project," with the capacity to serve the Buckingham Polo Estates; and, WHEREAS, the City, pursuant to the subdivision ordinance and the applicable state law, has the ability to pass a pro rata ordinance that will provide for reasonable charges to be assessed for any party utilizing the capacity of the project; and, WHEREAS, the City Council does find that the charges hereinafter set forth as pro rata charges for parties desiring to utilize the project's capacity are fair, reasonable and based on cost; and, WHEREAS, a public notice has been published in the local paper ten days prior to the called public hearing for July 1, 1993. t NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECITON 1: All of the premises recited above are found to be true and correct and are incorporated into the body of this ordinance as if copied in full. SECTION 2: The location of the subject project is shown on Exhibit "A" attached hereto and made a part hereof for all purposes. The subject project has been constructed to serve the area shown. The assessment role is shown as Exhibit "B." SECTION 3: It is hereby determined that a reasonable, fair and equitable basis for pro rata charges for parties utilizing the subject project is on a per -acre basis. A. Existing homeowners who wish to connect immediately (within 180 days from the effective date of this ordinance) to the sanitary sewer have the option of repaying the pro rata charge over a ten (10) year period, with interest. B. Parties who do not now -own a home in Buckingham Polo Estates, or homeowners who do not wish to connect immediately, will be required to pay their pro rata charge in a lump sum at the time of sanitary sewer connection, plus interest. C. Developers will be required to pay the pro rata charge in a lump sum at the time of final plat filing, plus interest. D. The City Council finds, based on the actual cost certified by the City's Engineer, that the per - acre pro rata charge for any party, owner or developer filing an application to utilize any capacity of the project shall be $1,649.46 per acre, plus interest. Interest is to be compounded annually at 7.0%, and interest starts 30 days after completion of surface work on Buckingham Road. SECTION 4: The total. pro rata charge is computed by multiplying the applicable per -acre charge times the number of acres to be served by the project. The City contributed over ten percent (10%) of the expense of this project through labor and equipment which was not included in the pro rata fees. This pro rata charge is in addition to any tap fee, impact fees and any and all regular monthly charges assessed by the City for the handling and treatment of sewage or distribution of water. SECTION 5: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. SECTION 6: Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in a sum of not more than five hundred dollars ($500.00) for each offense; and each day such violation continues shall constitute a separate and distinct offense. SECTION 7: The fact that the present ordinances of the City of Allen are inadequate to protect its citizens within the corporate limits of the City of Allen creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective immediately from and after the date of its passage as provided by the Charter of the City of Allen, and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 1ST DAY OF JULY, 1993. APPROVED: Abe Farmer, MAYOR Il /I 1 APPROVED AS TO FORM: ATTEST: �1 � /,moi _ A. Don Jugy Moffisok MY SECRETARY Ordinance No. 1189-7-93 Page 2 �o EXHIBIT A BUCKINGHAM EST. �-- - 1 �,t PYA YIr / 1 w' 150 AO 1, S 1 1 1 1 1 1 1 PHASE 2` RK • M Aries IL mus v �•� I I I Erol .v I Awl Iv I �R ► www I Mw� `, r,s ws lr� 140 I ws , ,p} w: wr ws wn wr wn / , 1 , MIAl1 N ,.ISL 4 ml.lO l R.lp. i 1 --- pnt 1 I `tw.,n i i a.�,m i slaw i LVIA i.ale 1 1 21 � lgg%�,-4 I I I I I w, 13031 1 1 I 1 1 1 1 1 I 1 1 , �, `` uffu LY .IG 41 51 61 - J 71 1 75 �81 91 J 131 ""'m I -- - - -- -- _-- - 120 wl -- - - im INS a .I..So".I.., 20 w7 , 40�- �60 r- -- O -- -80 190 94 98 1 110 .�:1:..� '! 1 I 1 1 1 w, w 7 w 7 1 w a w ,. w. 0dO,.:.11n -- 22 � ,I I"�;,, I ..� .�:.� - I I100\ I --� w ■ 2 4 2 6 1 1 m, 1 1 ,I.�. , 13"1 R IIO , , �� I I I I117 PHASE 1 1 1 1 I � 1�.ola � . CITY OF ALLEN - DEPARTMENT OF PUI311C WORKS BUCKINGHAM POLO CLUB ESTATES - WATER AND SEWER ASSESSMENTS ORIGINAL PROPOSED LOT# ADDRESS OWNER FISCAL ADDRESS CITY ACRES ASSESSMENT IMPACT 1 1500 Greenville Ave. SPS do FAHBAT MANN 2908 Malibu Circle Plano, TX 75023 5.309 $8,757 B 2-3 20 Buckingham Lime TAYLOR CUSTOM BUILDERS 233 Rockridge Circle Allen, TX 75002 1.1457 $1,890 C 2-3 22 Buckingham Lane TAYLOR CUSTOM BUILDERS 233 Rockridge Circle Allen, TX 75002 1.1134 $1,837 C 2-3 24 Buckingham Lime TAYLOR CUSTOM BUILDERS 233 Rockridge Circle Allen, TX 75002 1.1371 $1,876 C 2-3 26 Buckingham Lime TAYLOR CUSTOM BUILDERS 233 Rockridge Circle Allen, TX 75002 1.1155 $1,840 C 2-3 28 Buckingham Lane TAYLOR CUSTOM BUILDERS 233 Rockridge Circle Allen, TX 75002 1.0951 $1,806 C 4 40 Buckingham Lane STEPHEN P. & DEBORAH J. BURCH 40 Buckingham Lane Allen, TX 75002 2 $3,299 B 5 50 Buckingham Lane TAYLOR CUSTOM BUILDERS 233 Rockridge Circle Allen, TX 75002 2 $3,299 B 6 60 Buckingham Lane HUBERT H. POWELL Route 5 - Box 12 Allen, TX 75002 2.12 $3,497 B 7 70 Buckingham Lane BILLIE JO WEST Route 5 - Box 8 Allen, TX 75002 2.5 $4,124 A 7 74 Buckingham Lane BILLIE JO WEST Route 5 - Box 8 Allen, TX 75002 2.5 $4,124 B 8 80 Buckingham Lane CHRIS F. LEWIS 80 Buckingham Lane Allen, TX 75002 1.88 $3,101 A 8B JAMES W. BARRETT 10 Secretariet Lane Allen, TX 75002 0.12 $198 9A -9B -10B 90 Buckingham Lane WILLIAM T. DYER 7608 Carta Valley Dallas, TX 75248 1 $1,649 C 9A -9B -10B 94 Buckingham Lane WILLIAM T. DYER 7608 Carta Valley Dallas, TX 75248 1.55 $2,557 C 9A-9B-IOB 98 Buckingham Lane WILLIAM T. DYER 7608 Carta Valley Dawe, TX 75248 1 $1,649 C IOA-IIA-11D 100 Buckingham Lane JEFFREY DAVID KNAUSS 100 Buckingham Lane Allen, TX 75002 1.8618 $3,071 A 11B -11C 110 Buckingham Lane RICHARD & LINDA DUKE 461 Kentucky Lane McKinney, TX 750 3 $4,948 B 12 120 Buckingham Lane RICHARD & ANDA DUKE 461 Kentucky Lane McKinney, TX 750 2 $3,299 B 13 130 Buckingham Lane TAYLOR CUSTOM BUILDERS 233 Rockridge Circle Allen, TX 75002 2.184 $3,602 B 14 140 Buckingham Lane TAYLOR CUSTOM BUILDERS 233 Rockridge Circle Allen, TX 75002 2.15 $3,546 B 15 150 Buckingham Lane RICKY W. & MITCI ALLEN 807 Sandy Creek Drive Allen, TX 75002 2.36 $3,893 B 16 135 Buckingham Lane TAYLOR CUSTOM BUILDERS 233 Rockridge Circle Allen, TX 75002 1.3171 $2,173 C 16 131 Buckingham Lane TAYLOR CUSTOM BUILDERS 233 Rockridge Circle Allen, TX 75002 1.2065 $1,990 C 17 91 Buckingham Lane EDWARD R. FEARON 14908 Havenshire Place Addison, TX 75240 3.5 $5,773 B 18 81 Buckingham Lane EDWARD R. FEARON 14908 Havenshire Place Addison, TX 75240 2 $3,299 B 19 75 Buckingham Lane GENE D. KNAUSS 1301 Springcreek Plano, TX 75023 2.17 $3,579 B 20 71 Buckingham Lane WIIMOR PROPERTIES 400 Chislom Placo-N200 Plano, TX 75075 2.13 $3,513 B 21 61 Buckingham Lane WIIMOR PROPERTIES 400 Chislom Place -#200 Plano, TX 75075 3.474 $5,730 B 22 51 Buckingham Lane WILMOR PROPERTIES 400 Chislom Place -#200 Plano, TX 75075 2 $3,299 B 23 41 Buckingham Lane TAYLOR CUSTOM BUILDERS 233 Rockridge Circle Allen, TX 75002 2.153 $3,551 B 24 31 Buckingham Lane HUBERT H. POWELL Route 5 - Box 12 Allen, TX 75002 2.17 $3,579 A 25 21 Buckingham Lane WOODROW W. WELLS Route 5 - Box 165-a Allen, TX 75002 2 $3,299 B 26 1520 Greenville Ave. WOODROW W. WELLS Route 5 - Box 165-a Allen, TX 75002 3 $4,948 A TOTALS 02 -Jul -93 68.2622 $112,596 O rt Cl W N z O AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing Buckingham Polo of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on I Sunday June 20, 1993 and which was issued on June 20, 1993 , by City of Allen of COLLIN COUNTY, TEXAS A printed copy of said publication is attached hereto. SUBSCRIBED AND SWORN to before me this day oK"A.D. 19 9.3 V. A. TODD MY CI AA=10N am December 5, 1998 Publisher's fee $ 30,38 zl. BLIC in and for COLLIN COUNTY, TEXAS CITY OF ALLEN NOTICE OF PUBLIC HEARING THE CITY COUNCIL OF THE CITY OF ALLEN WILL HOLD A PUBLIC HEARING AT 7:30 P.M. ON JULY 1, 1993, IN THE COUNCIL CHAMBERS OF THE MUNICI- PAL ANNEX BUILDING, ONE BUTLER CIRCLE, ALLEN, TEXAS, AS TO THE AMOUNT TO'BE ASSESSED AGAINST ACH PROPERTY OWNER OF BUCK - I INGHAM POLO ESTATES FOR -IM- PROVEMENTS MADE TO WATER AND SANITARY SEWER SERVICE AS FOLLOWS: Upgrade water service from two inch line, with no fire protection to eight inch line with fire hydrants. Initial sanitary sewer service (upgrade ,from septic tanks). i An assessment roll has been prepared that shows the assessment against each prop- erty in Buckingham Polo Estates. The costs of this project have been deter mined to be $112,596.00 plus City labor and equipment with only the above costs assessed to property owners. A. Existing homeowners who wish to con- nect immediately (180 days from effectide date of this ordinance) to the sanitary sewer have the option of repaying the pr'o rata over a ten (10) year period at an inter- est rate of seven percent (7.0%). B. Parties who do not now own a home in Buckingham Polo Estates or homeowners who do not wish to connect immediately, will be required to pay the pro rata in lump sum at the time of sanitary connection, plus interest. I C. Developers will be required to pay tl e pro rata in lump sum at time of Final Plait Filing. The basis will be the number of orio- nal lots used in the development, plus interest. D. The City Council finds, based on the actual cost certified by the City's Enginee'r, that the per -lot pro rata charge for any party, owner or developer filing an applica- tion to utilize any capacity of the project shall be $3,412 per original lot, plus inter- est at 7.0%. Written or oral objections will be corisi3- ered at the public hearing— – I Done -by order -of the City Council of the City of Allen, Texas, the 17th day of June, 1993. /s/ JUDY, MORRISON, CITY SECRETARY AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday, July 7, 1993 & Sunday July 11, 1993 and which was issued on July 7, 1993 , by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. SUBSCRIBED AND SWORN to before me this day of _4A -D. 19 1`S V. A. TODD w (X)mmissm EXPIRES NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 31 . 50 CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City. Council adopted the following ordinance at their regular meeting held on Thursday, July 1, 1993 (Title and Penalty Clause only): Ordinance No. 1189-7-93. An Ordinance of the City of Allen, Collin County, Texas, Establishing a Pro Rata Charge as a Prere- quisite Utilizing the Capacity of a Water and Sanitary Sewer Line Located in Buck- ingham Polo Estates; Providing a Severa- bility Clause: Providing a Penalty: and Pro- viding for an Effective Date of this Ordinance. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in a sum of not more than five hundred dollars ($500) for each offense: and each day such violation con- tinues shall constitute a separate and dis- tinct offense. A copy of this ordinance may be read or purchased in the office_ of the City Secret- ary, City of Allen, One Butler Circle, Allen, Texas 75002. Js' Judy Morrison CITY OF ALLEN PUBLIC NOTICE Votice is hereby given that the Allen City "ouncil adopted the following ordinance at their regular meeting held on Thursday, July 1, 1993 (Title and Penalty Clause only): Ordinance No. 1189-7-93: An Ordinance of the City of Allen, Collin County, Texas, Establishing a Pro Rata Charge as a Prere- quisite Utilizing the Capacity of a Water and Sanitary Sewer Line Located in Buck- ingham Polo Estates; Providing a Severa- bility Clause; Providing a Penalty; and Pro- viding for an Effective Date of.this Ordinance. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in a sum of not more than five hundred dollars ($500) for each offense; and each day such violation con- tinues shall constitute a separate and dis- tinct offense. - A copy of this ordinance may be read or purchased in the office of the City Secret- ary, City of Allen, One Butler Circle, Allen Texas 75002. /s/ Judy Morrison City Secretary